The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1887-12-14

common laW-the place which needs TO be
mended n strengthened. can state
only approximately the number Of ad
judged cases in our books OF reports. A
rough estimate places them ut half a mil
lion. The man does not live who could
thus so through with the half of them;
and there never was Il memory strong
enough to stand up under the load; or, if
there was, ii would crush out the reason
ing powers and reduce the intellect to
idiocy. In every view, therefore, we need
iurists.
There are some lawyers who clamorcd
for coditication. The suggestion was made
that the quarrel over this question OF codi-
~tiCation be suspended until our law has re-
cciycd such iuridical culture as to inform
us, and enable us to agree among ourselves,
just what and how many are its elementary
principles, reduce to their smallest pro
portions.
He urged American advocates Of coditi
cation to prepare and publish what they
proposed for codes. Then the further
question of their legislative enactment
would present itself at the proper time.
But | am here reminded that we nave i'm
mcnsc numbers OF legal textbooks, and l
am asked whether | deny that they pro.
Cctd from ~iuristS, ! reply that they are of
vastly differing qualities, aud that no one
characterization could properly be applied
90 all. The manner of making your
houOrcd text books was fully discussed
and it was shown that the author casually"
'iratos the work of his predecessor, edits it,
thcu publishes it as entirely his own pro
ductiou. This is the ''usual" legal author;
honorcd by practicing profession, and
bowed before and followed by the Judges.
The noteworthy part of the matter was
that while III copyright laws, as cXpoundcd
and administered by courts smiling on
piracy, are 50 detective as to seem almost
worthless, not so are the laws which punish
cheating by false prctcnSCS. The latter c
list in all our States, and the violators OF
them are shut up in the pGnitentiaries, cX-
ccpt when the persons cheated are lawyers
| do not know how you do things in South
Carolina, but we in Massachusetts put into
our pcnitcntiary great lawyers, great scna.
tors, presidents of immense corporations,
clcrgymcn, and in one instance, we received
one OF your honored South Ca Dina OK.
governors. Why exempt your honOrcd
authors? The only reason | can imagine is,
that the men of our noble and generous
profession, deeming with liudibrns that
The pleasure is us great
OF being cheated as TO cheat
sC0rn TO make complaint of those who have
been to them the source of such profound
happiness.
Another method Of producing legal text.
books is for an older man TO minglc his
work with that Of boys helping. If this is
done, not undcr the false prctcnsc that the
whole proceeded from the ostensiblc author,
but accompanied by an honest statement
To the public, there is nc wrong in il. and
the result may be, in some circumstances
and for uses, excellent, but it is not n iuriSL's
work.
Tit very famous law school connected
with II oldest university, some of the pro-
icssois whereof have produced books which
have occupied the first place in orr esteem.
has swept the whole line Of textbooks
away, and declared that none, whether
written by its former professors or others.
NJ" TIC Ia he nscd by persons ignorant of The
law in acquiring e knowledge of it. This
method is sometimes inacuuratQiy termed
the teaching of the law by cases. And the
brief explanations of the reason of the
change demonstrate that, while the uuivcr
Vcrsity does rot choose II pronounce in
words the COMMON laws utter lack Of
juriSts, it believes ii 10 have none. and
aIapts its curriculum to this belief.
Jurists writings are Original sources"
They are not the apple which suggested to
Sir Isaac Newton the law of grayitatiOn.
but his Organon. An adjudgcd case is the
apple. And the showers of apples. and the
- ~ - iIAS vi rs llllI Ill
ii'ly emblem the vast accommodations of our
reports of adjUdgcd cases
Law Is the only profession which teaches
The sort OF reason that governs the State.
Should the cry for codiiication, under lie
eternal aspiration for l~aziness, prevail and
the c!cinant of reason which the practice
and administrator Of the common law
nave carried into government affairs, be
bUaisllcd thcrcGrom, the hitherto ommon
49, IA tIAf WI ,,.l.l
leaders of the civilized world.
iili governmental affairs travel in fine
path OF precedent, so that it is of the high
est importance for tic officers of govern
ncnt To understand how TO select and apply
preccdcnts. And there l. no possible way
III WhlCh tins skill can be so well %acuuipcd
as in tic 'pdy and practice of the common
law.
In the higher walks Of government the
inCumh"nts OF Office are largely lawyers.
H'rlNc down The common law and Danish
1t rom us, and sewer justice will be the |
common Justice of the country. The
officers who administer sewer Justice moan
vel. With all their hearts they aspire to
know the ways of duty, and they unil!nch
ingly walk by the light which lhoy get.
Ihtir nci9hbors, the public, do not fr0wn ,
upon them; ali Being in the dark together,
one doubts that the law is admirably
administered. Yet all see that Injustice is
done. The conclusion to which large
arrive is, that the whole system is
wrong; that The law, from which Injustice
thus proceeds. should be put down and
banlshcd; and that government, which es-
what is so wicked us law, should
be banishcd also.
II Coditication succeeds to the extent OF
ls.assinating our common law, what but
Heaven can we rely upon for the future,
"a the hope of better things, | turn from
picture OF despair.
II were addressing a less intelligent
audience | might urge upon YOU action TO
,rcvent an enormous, threatened danger.
Gut 1t Is unnecessary should say more to
'Ou.
have thus laid before you the most i'm.
'ortant subject connected with the future
i our jurisprudence. Please supply nv
deficiencies with your own more fruitful
nd valuable reflections.
Thanking the audience for their kind in
N nann NJ IgirIA,.